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September 2014 Archives

HOW TO PREVENT YOUR REMODEL FROM BECOMING A NIGHTMARE: Common Mistakes When Hiring a Contractor

Are you renovating a kitchen, adding a bathroom or doing some overdue repairs? Finding the right contractor for your job is important. You've heard the nightmare stories from friends and coworkers about the contractor, who takes the money, disappears and never returns to the job. Or the roofer, who shows up late, does poor work and overcharges the homeowner for shoddy work.  A dream renovation costing big money can quickly turn into a nightmare for many homeowners, but it doesn't necessarily have to. Most licensed contractors are competent, honest and hard-working, but avoiding some common mistakes will greatly reduce your chances of having a dream turn into a nightmare.

ONE MAN'S BATTLE AGAINST CONDO ASSOCIATION TO KEEP HIS SERVICE DOG

South Florida condominium owner, Alexander Warren, and the Delvista Tower Condominium Association have been battling in and out of court over Warren's service dog for the last year. Warren was diagnosed post-traumatic stress disorder and severe recurrent depression. His doctor recommended the use of a service dog and sent a letter to the association requesting that they make a reasonable accommodation for his service dog, despite having a no-dog policy. When the association failed to bend the rules and accommodate the service animal, Warren hired lawyers and filed suit claiming violations of the Fair Housing Act (FHA) and discrimination against a disabled resident. On July 29, 2014, a federal district court in Miami ruled that altering a "no-pet" policy is considered a reasonable accommodation under the FHA.

Silence is Not Golden in Insurance Claims Tell the Insurance Company About Claims and Lawsuits ASAP

You know you have a problem. You made a mistake. It costs someone else money. You have insurance to cover it. But, you don't tell your insurance company about the possible claim. What?! Then you're sued for damages. You still don't tell your insurance company. What?! What?! You've been paying for insurance coverage and when you need it, you don't call the carrier?

TOP 10 LEGAL MISTAKES PEOPLE MAKE WHEN STARTING (AND GROWING) A BUSINESS

Starting and growing a new business is certainly a marathon and not a sprint. Maybe the fire inside to start that new chapter in your life is raging so much that you finally just decide to take the plunge. Would you run a marathon without any preparation or training? Of course not! You would be asking yourself questions before even committing to run the marathon. Do I have time to do this? Am I physically committed? Am I emotionally committed? Do I have a circle of influence around me that will support me as I work to achieve my goal? And, of course, a little bit of preparation and wisdom from those who have done it before you will go a long way in helping you reach the finish line.

CURBING ABUSIVE BILLING PRACTICES IN FLORIDA CONSTRUCTION LIEN LITIGATION

A home builder defaults midstream in the completion of home.  Suppliers and subcontractors file multiple liens against the property.  The bewildered homeowner asks for backup to avoid paying twice for the same materials and to assure that what is claimed is truly due.  One material supplier determines not to provide backup and instead has its counsel file suit to foreclose on its $3,000.00 lien.  Counsel is told immediately that the homeowner desires to resolve the lien.  The suppliers' counsel sends a payoff letter asking for $4,200.00 in legal fees and 18% interest on the lien.  The sole legal work done up to that point has been to prepare and file a simple supplier lien foreclosure complaint.  Backup is requested on the legal fees.

FLORIDA SECOND DISTRICT COURT OF APPEAL RULES THAT CONTRACTOR MUST BE IN COURT TO SECURE ATTORNEY'S FEES FOR CONSTRUCTION LIEN ENFORCEMENT

The Florida Second District Court of Appeal in Snell v. Mott's Contracting Services, Inc., in a decision announced May 21, 2014, has ruled that where the contract between an owner and a contractor calls for all disputes to be arbitrated, it is still incumbent upon the contractor to file suit in state court to foreclose its construction lien in order to preserve its right to secure an award of attorney's fees under the Construction Lien Law.

Tannenbaum Scro, P.L.
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Sarasota, FL 34236

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Phone: 941-444-9092
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Tannenbaum Scro, P.L.
214 S. Lucerne Circle
Orlando, FL 32801

Phone: 407-738-4379
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